The 50-year-old Sugar Grove man convicted of sexually assaulting his foster son suggests Kane County Judge D.J. Tegeler issued an "excessive" 45-year prison sentence as punishment for the crime, according to court documents.

Noel Buhay, who is currently held in Kane County Jail, was convicted of predatory criminal sexual assault by a jury in March. Prosecutors said Buhay abused and assaulted the pre-teen boy who was placed in foster care with Buhay and his wife in Aurora between January and May 2004.

Tegeler sentenced Buhay to prison during a June hearing. The recently filed motion to reconsider challenges the sentence length, in part, because it didn't take into account Buhay's potential to be rehabilitated or his lack of previous criminal history.

"Prior to sentencing, the defendant led an otherwise productive and law-abiding life," the motion states.

The motion is expected to be heard at an Aug. 24 hearing, which is also set as a status date for pending charges against Buhay involving a second boy.

In civil court, an ongoing lawsuit filed by the former foster son — who is now in his early 20s — could reach a resolution in September. The judge overseeing that case issued a default judgment against Buhay last month after he failed to formally acknowledge the lawsuit. However, attorney George Acosta, who represents the man, received permission to amend the complaint to seek punitive damages against Buhay in light of the criminal conviction.

"The plaintiff has presented the court with sufficient (and overwhelming) evidence that Buhay repeatedly committed unspeakable and abhorrent acts of a sexual nature against the plaintiff when he was an 11-year-old minor in the defendant's care and custody as a foster child," Acosta wrote in the court filing.